Bedsores are not only painful for nursing home residents, but they are also potentially deadly. And frankly, they should never happen. Bedsores, also known as “pressure ulcers,” occur when a part of the body (most commonly the hips, buttocks, lower legs, knees, heels, spine, tailbone, shoulders, or the back of the arms) receives unrelieved pressure for long periods of time due to lack of movement.
Eventually, since the pressure cuts off blood supply to the affected area, the underlying tissue dies and breaks apart, thereby causing large, open wounds. Sometimes the wounds are as deep as the underlying bones, tendons, and joints. These wounds are painful and carry the risk of developing infections and even cancer.
There is no excuse for bed sores in a nursing home. Unless it is determined that a preexisting condition made bed sores unavoidable, it is an indication of neglect or even abuse on the part of the nursing home staff.
With 125 years of experience and with billions of dollars won for personal injury victims in Lexington and across the state of Kentucky, there’s no firm more competent to handle your nursing home bedsores case. Call us at (859) 550-2900 or reach out to us online to schedule a free consultation today.
Why Do I Need a Lawyer?
It might seem obvious to you that your loved one’s bedsores were caused by abuse from the nursing home staff. Keep in mind, however, that you will be up against a formidable team of defense lawyers for the nursing home.
Nursing homes tend to be large institutions that wield economic and legal power. Administrators and their legal counsel have decades of experience navigating the lawsuits filed against them. Given that reality, you’ll need the most effective and aggressive nursing home abuse attorneys available to prove the following:
- The facility was contracted to fulfill a duty to provide adequate care to your loved one
- The facility failed to fulfill its duty, whether by negligence or intentional acts
- The harm or loss of your loved one was directly the result of the negligence or another form of wrongdoing
You’ll also need an experienced Kentucky attorney who is well-versed in the various federal and state laws and regulations governing nursing homes and standards of care, such as:
- Nursing Home Reform Act (NHRA) and state-level equivalents
- Older Americans Act (OAA)
- Medicare, Medicaid and the Social Security Act
- Kentucky Adult Protective Services (APS)
Why Choose Hare, Wynn, Newell & Newton, LLP to Handle My Case?
Hare, Wynn, Newell & Newton, LLP has been representing personal injury victims since 1890. We’ve won several multi-million-dollar cases and reclaimed in total over $2 billion for our clients in Kentucky and throughout the country. As a result, we’ve been ranked as one of the top firms in the nation:
- On the National Law Journal’s Plaintiffs’ Hot List as one of the top plaintiffs’ firms in the country
- Ranked by U.S. News & World Report as one of the Best Law Firms in America
- Listed by Benchmark Litigation as among America’s Leading Litigation Firms & Attorneys
- Recognized for achieving one of the Top 100 Verdicts in America multiple times
- Named one of The National Law Journal’s “50 Most Elite Plaintiffs’ Firms in America”
Types Nursing Home Bed Sore Cases We Handle
Bedsores can result from various forms of neglect, including the following:
- Failure to reposition residents – As part of a standard regiment, staff should regularly shift the position of immobile residents so that no part of their body receives constant pressure.
- Overly elevated beds — If the head of the bed is elevated more than 30 degrees, the friction caused by gravity can cause excessive wear on the resident.
- Failure to clean resident – Unless the nursing staff regularly takes the resident to the bathroom or change their diaper, the residual moisture can cause additional damage, putting the soiled skin at greater risk of infection.
- Failure to keep resident dry — Unless staff properly dries the resident after bathing or using the bathroom, the constant moisture can weaken tissue and make it more subject to damage.
- Improper nutrition and hydration — An insufficient amount of water, vitamins, minerals, and other macronutrients can worsen skin health and prevent the body’s ability to heal itself.
- Improper inspection — Severe bedsores and potential infections from them can often be prevented if they are caught in the early stages. Nursing home staff should regularly inspect residents’ to check for any early warning signs of injury. Also, caregivers should pay particular attention to residents that are immobile, who have vascular issues such as diabetes, who can’t feel certain parts of their body, who cannot communicate, or who cannot eat properly. These residents tend to be more at risk for bed sores.
Frequently Asked Questions
Here are some frequently asked questions related to nursing home bed sore claims. To discuss the specific details of your loved one’s situation, call us today at (859) 550-2900 or reach out to us online. You might also wish to review our client testimonials page.
What should I do if my loved one has received bed sores at a nursing home?
First, seek immediate medical attention for your loved one, including calling 911 in serious abuse scenarios. You should also notify Kentucky Adult Protective Services so that officials can launch a formal investigation. Make sure to gather and keep medical records, photos, witness statements, and any other evidence of neglect.
Then, make an appointment with Hare, Wynn, Newell & Newton, LLP to discuss your nursing home abuse case. The sooner you begin the legal process, the more likely your attorney can compile the necessary evidence and begin the process to recover financial compensation for the mistreatment of your family member.
How long do I have to file a lawsuit for nursing home bedsores?
In Kentucky, the statute of limitations requires you to file a personal injury claim in court within one year of when you discovered the abusive conditions. Because this legal window is narrow, seek legal representation promptly.
How much compensation will I be able to recover?
The amount of a settlement with or a court ruling against a Kentucky nursing home for bed sores depends on the severity of the bedsores and the ability to prove negligence or intentional abuse on the part of the nursing staff.
Hare, Wynn, Newell & Newton, LLP can thoroughly assess and value your case during a no-obligation consultation.
Nursing Home Statistics
Kentucky has a notorious reputation for understaffed and negligent nursing home facilities. In 2018, the U.S. Centers for Medicare and Medicaid Services published the following about the nearly 24,000 nursing home residents in Kentucky:
- There are 284 nursing home facilities in Kentucky
- 43% (nearly half) of the nursing homes in Kentucky were rated “below average” or “much below average,” ranking them as one of the worst states for nursing home care in the country.
Contact a Nursing Home Bed Sore Attorney in Kentucky
If a loved one has suffered from bedsores due to the neglect of Kentucky nursing home staff, or if bedsores have caused the wrongful death of your loved one, your family is entitled to compensation for the facility’s misconduct. Don’t let any more time slip away before demanding justice and restoring the dignity of those you love.
Call Hare, Wynn, Newell & Newton, LLP today at (859) 550-2900 and experience for yourself the nationally acclaimed competence and legal prowess of our award-winning attorneys. We promise open and honest communication with you at all stages of the legal process. We’ll keep in constant contact and provide you with empathetic, one-on-one professional service.